SC notice to CBI on Talwars transfer plea
New Delhi: The Supreme Court on Friday issued a
notice to CBI on dentist couple-Nupur and Rajesh Talwar's
plea for transferring the trial relating to the murders of
their daughter Aarushi and domestic help Hemraj from Ghaziabad
A bench of justices BS Chauhan and JS Khehar sought
CBI's reply within four weeks after the couple claimed most of
the witnesses were based in Delhi and moreover, Rajesh had
faced a hostile atmosphere in the Ghaziabad court where he was
assaulted with a knife by a person in January 2011.
On January 6, the apex court had cleared the decks for
the couple's trial in their daughter Aarushi's murder case.
A bench of justices AK Ganguly (since retired) and JS
Khehar had dismissed the couple's plea to quash criminal
proceedings against them in the 2008 case involving the
killing of Hemraj and their teenaged daughter in Noida on
The bench had said there was nothing wrong in the
magistrate's order taking cognizance against them and putting
them on trial.
Refusing to interfere with the lower court's order which
had rejected CBI's closure report, the bench said the
magistrate gave the ruling after applying his mind.
"We dismiss the appeal," the bench said while clarifying
that its order would not prejudice the trial against the
14-year-old Aarushi, the only daughter of the Talwars,
was found dead with her throat slit at the family's Noida
residence on the intervening night of May 15-16, 2008 and the
body of Hemraj was found on the terrace the next day.
The investigation in the case was initially carried out
by Uttar Pradesh police which had arrested Rajesh Talwar on
May 23, 2008.
The probe was subsequently handed over to CBI on May 29,
2008, and Rajesh Talwar was granted bail by the Ghaziabad
court on July 11, 2008.
CBI, after probing the murder for over two and half
years, had filed its closure report in the case in the
Ghaziabad Special CBI court, saying it had been unable to find
evidence to prosecute the Talwars.
The Ghaziabad trial court had, however, rejected CBI's
closure report, saying there was enough prima facie material
in the agency's report to put the couple on trial for their
alleged involvement in the twin murders and had issued summons
to them to face the trial.
The magistrate took cognizance of the case and summoned
the Talwars on February 9, 2011.
Rajesh and Nupur had subsequently moved the Allahabad
High Court which had dismissed their plea to quash the trial
court summons and the proceedings initiated against them.
The Talwar couple then approached the apex court which
had on March 19 last year stayed the trial against them.